Refund of Security

Security Deposit is the refers to a lump sum amount that is paid to the landlord interest-free at the beginning of a lease that is refundable at the end of the lease period. The deposit amount may depend upon the value at which property is priced in the particular city in which you are renting. The landlord may retain a part of this amount if s/he considers that some damage has been caused to the property for the duration of the stay.

If you have run into some issue with your landlord as a result of which s/he is threatening to retain to security deposit amount without any fault on your part, you may take legal action for the same. Sending a legal notice to your landlord before approaching the Courts may help you in resolving the issue. In most cases of this nature, the matter gets resolved at the notice stage and you do not need to proceed to Court. Sending a well-drafted and legally sound security refund notice drafted by the best documentation lawyers will help you in this.

Send Refund of Security Notice Online At INR 2499

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What You'll Get In The Package

Inclusion

30 minutes consultation and advice from experienced top lawyers

Legal notice drafting to be sent to you for approval

Final legal notice drafting incorporating suggestions given by you (if any)

Dispatch of the final legal notice through registered post

The tracking number of the registered post shall be shared with you

Exclusion

Subsequent case after the legal notice has been sent is not included

You may hire the lawyer for any subsequent cases

Documents required to Draft & Send Security Deposit Return Notice

Copy of Tenant Agreement

Copy of any prior communication with the landlord for refund of amount

Copy of any prior communication from the landlord stating reasons for retaining amount (if any)

Bank account details of parties

Proof of security deposit given to the landlord

Procedure to Draft & Send Security Deposit Return Notice

You must hire the top lawyers in your locality to help you draft a legal notice for the recovery of your Security Deposit.

The draft notice shall be drafted and sent to you for approval.

The final notice shall be drafted incorporating your suggestions(if any).

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FAQs

Is it necessary for me to send a notice before moving to Court?

No, it is not mandatory for you to send a notice to the landlord before moving to Court. However, you must do the same as the notice may be used as evidence in Court to prove that money is indeed owed to you. Moreover, sending a notice indicates that you have given sufficient time to the landlord to make the payment to you and that inspite of all your efforts, the landlord has not paid you back.

What options of legal actions do I have if my landlord is not returning the security deposit?

You may take the following legal actions when your landlord is not returning the security deposit:
1. You may send a legal notice drafted by the top lawyers in your locality
2. You may move to the Consumer Forum
3. You may file a suit for money recovery before a Civil Court
Your first recourse should be to send a well-drafted and legally sound legal notice as most deposits of this nature get resolved at the notice stage itself.

Is there any limit to the amount the landlord can charge as security deposit?

No, there is no legal limit to the amount that may be charged by the landlord for security deposit. Although the amount should be reasonable, the same cannot be legally enforced since it is at your discretion to enter into the tenancy agreement after being informed of the amount that is to be paid by you as security deposit. The security deposit amount is generally equivalent to a few months of rent.

When can the landlord retain an amount from the security deposit?

The landlord may retain money from security deposit in the following circumstances:
1. Unpaid Rent
2. Damage to Property
3. Unpaid debts such as electricity bills, water bills, etc.
4. Vacating property before lease term is over or after it terminates

Can my landlord not return security deposit provided by me if I don't give appropriate notice?

Yes, your landlord may indeed retain all or part of the security deposit given by you if you violate any terms of the tenancy agreement. If you give 1 month notice rather than the required 3 months notice, s/he may retain the money as it may lead to potential loss to the landlord owing to the time that may be necessary to find another tenant. However, the enforceability of this also depends on the wordings of the contract entered into between you and your landlord.

When can my landlord not claim damage to property?

A landlord cannot claim to keep whole or part of the security deposit for damage to the property when the property has undergone only normal wear and tear that it may be expected to undergo when it is in use. Damage such as small holes in the walls for hanging pictures, minor stains in the house, general wear and tear of the kitchen appliances, etc., cannot be considered to be enough to warrant retaining security deposit.

How much time should I give my landlord to return the security amount before I can move to Court?

You must give your landlord a reasonable time before you may move to Court against him/her. The reasonable time may range from 15 to 60 days as you seem fit. You must consult the top lawyers in your locality before you take a decision in this respect.

Yes, your landlord may retain your security deposit partly or wholly if you haven’t paid your electricity bill as it is an amount that you owe to him or the electricity authorities which will have to be paid necessarily. You may prevent this by paying your outstanding bill amount.

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